By Ahmed A. Yusuf

Background

The Question of Presidential Immunity and Corruption

In recent years, Somalia has witnessed growing allegations of corruption and abuse of power within its federal institutions, particularly concerning the handling and sale of public lands in Mogadishu and its environs. At the center of these allegations stands President Hassan Sheikh Mohamud, authorizing or facilitating the sale of strategic state-owned lands and public assets without adherence to legal or financial procedures.

These sales, critics claim, bypassed the Ministry of Finance and the Auditor General, with proceeds allegedly pocketed by individuals within the President’s inner circle. The transactions have been linked to the forceful eviction of thousands of urban poor families, creating a humanitarian crisis now visible in the rapidly expanding Internally Displaced Persons (IDP) settlements around Mogadishu, estimated at over 760,000 people.¹²

The critical question now facing legal and political analysts is whether the President of Somalia could, in principle or practice, be prosecuted for corruption and human rights violations either domestically or internationally—given the existing constitutional and judicial limitations.

This brief examines the constitutional, legal, and human rights implications of these actions, assessing whether the President could be held accountable, domestically or internationally.

Constitutional Violations:

President Hassan’s alleged land sales and forced evictions appear to contravene several key provisions of the Provisional Constitution of Somalia (2012):

1) Articles 25 and 27 – Rights of the People

a) Article 25 guarantees every person the right to own property.
b) Article 27 protects citizens from arbitrary deprivation of residence or property.

By evicting residents without legal process or compensation and selling public lands to private business actors, the government violated these rights. The forced displacement of over 760,000 IDPs demonstrates systematic disregard for property and housing rights, raising concerns of mass constitutional and humanitarian violations.³⁴

2) Articles 10 and 12 – Duties of the Government
a) Article 10 mandates the government to protect the welfare of its citizens.
b) Article 12 requires the state to manage national resources equitably and sustainably.

Selling public lands for personal or political gain, without depositing the proceeds into the federal treasury, violates these duties. The displacement crisis highlights a failure of the state to safeguard public resources and citizen welfare, reflecting both mismanagement and abuse of executive authority.⁵

Decision on Constitutional Violations:

The combination of illegal land sales, forced evictions, and the diversion of public funds constitutes a serious breach of constitutional rights and governmental responsibilities, reinforcing the case for accountability.

The Legal Framework: Immunity, Responsibility, and Precedent

The Provisional Federal Constitution (2012) of Somalia grants extensive immunity to the sitting president under Article 92, which states that the president cannot be charged with any offense during his tenure except in cases of treason or gross violation of the Constitution.³

However, the Constitution also provides that no one is above the law, implying that immunity is temporary and not absolute. The president may be impeached by a two-thirds majority of the bicameral Federal Parliament—a process that requires political will and institutional independence that Somalia currently lacks.⁴

Legal scholars point out that the Office of the Auditor General and the Anti-Corruption Commission—both constitutionally mandated oversight bodies—have been weakened or non-existent under the current administration. The Auditor General has reportedly been sidelined from reviewing key government contracts and land deals, while the Anti-Corruption Commission has not been functional since 2023.⁵

This institutional paralysis makes internal prosecution highly unlikely during the president’s tenure. Yet, under international law, particularly the UN Convention Against Corruption (UNCAC)—to which Somalia is a signatory—corruption involving public property and the diversion of public funds can invite investigation by foreign jurisdictions if the proceeds are laundered abroad or tied to transnational entities.⁶

The Public Land Controversy: Evictions and Humanitarian Fallout

Between 2022 and 2025, several verified reports by local civil society organizations and humanitarian agencies documented a surge in the forced eviction of poor families from government-owned lands and settlements around Mogadishu, Afgooye, and Jazeera.⁷⁸

Many of these areas were later fenced, cleared, and reportedly leased or sold to private developers connected to political elites and foreign investors. Witnesses and displaced families described the operations as “militarized land clearances,” with no legal notices or compensation issued.⁹

Independent Somali economists estimate that Hundreds of millions of dollars were generated from these land transactions—none of which appeared in the federal treasury records or the official budget statements released by the Ministry of Finance.¹⁰

The correlation between these sales and the displacement crisis has drawn condemnation from human rights advocates, who argue that the deliberate removal of vulnerable communities without legal process constitutes a form of state-induced humanitarian displacement.¹¹

Comparative Precedents in Africa

Across Africa, several presidents have faced legal or political reckoning after leaving office for similar abuses:

1) Omar al-Bashir (Sudan) – indicted by the International Criminal Court (ICC) for crimes including misappropriation and displacement.

2) Jacob Zuma (South Africa) – prosecuted domestically for corruption and misuse of public funds.

3) Alpha Condé (Guinea) – investigated post-tenure for illegal state asset transfers.

4) Uhuru Kenyatta (Kenya) – though not convicted, was summoned before the ICC for crimes against humanity related to political violence.

5) Mohamed Ould Abdel Aziz (Mauritania) (2009 – 2019) charges: corruption, money laundering and abuse of office. Arrested in 2021 on allegations of illicit enrichment during his Presidency.

6) Blaisa Compaore (Burkina Faso) President (1987 – 2014) Charges: Corruption and complicity in the assassination of Thomas Sankara. Though living in exile in Ivory Coast, Compaore was tried in absentia and sentenced in 2022.

7) Zine El Abidine Bin Ali (Tunisia) President (1987 – 2011) Charges: Corruption, embezzlement and abuse of power. Fled to Saudi Arabia during the Arab Spring; convicted in absentia of corruption and money laundering.

8) Yahya Jammeh (The Gambia) President (1994 – 2017) Charges: Corruption, theft of public funds and Human rights abuses. Exiled to Equatorial Guinea after losing elections, accused of stealing over $50 Million from the state.

9) Mahamadou Issoufou (Niger) Investigations, not confirmed arrest. President (2011 –2021) Although not arrested, several of his associates faced corruption charges related to defense procurement scandals.

While Somalia is not currently under the jurisdiction of the ICC, the Rome Statute does allow for investigation upon referral by the UN Security Council, particularly if the alleged acts result in mass displacement or human rights violations.¹²

If credible evidence surfaces linking land sales to the deliberate creation of humanitarian crises, international mechanisms could, in theory, open investigations—especially if funds were transferred abroad or if foreign entities were complicit.

Challenges to Accountability

Political Capture of Institutions:
The federal judiciary, parliament, and oversight commissions are heavily influenced by the executive branch. This makes domestic prosecution nearly impossible while the president remains in power.

Lack of Independent Media Freedom:
Journalists and civil society investigators who expose land-related corruption face intimidation, arrests, and censorship.

Weak Legal Enforcement:
President Hassan has disbanded Somalia’s Anti-Corruption Commission, effectively rendering it nonexistent. The Office of the Attorney General has no record of pursuing high-level corruption cases.

International Apathy:
Despite donor-funded anti-corruption frameworks, Somalia’s international partners have rarely imposed sanctions or restrictions against officials accused of embezzlement or illegal asset sales.

Conclusion: The Path to Justice

While the prosecution of a sitting Somali president for corruption remains legally constrained, post-tenure accountability is not impossible. Historical and comparative precedents in Africa show that once political immunity lapses, legal action—domestic or international—can follow if evidence is properly documented.

The sale of public lands, the evictions of poor communities, and the alleged diversion of proceeds represent not only a corruption scandal but a humanitarian and ethical breach with long-term consequences for governance and stability in Somalia.

Ultimately, sustained pressure from civil society, combined with international legal scrutiny, could one day hold President Hassan Sheikh Mohamud—or any successor—accountable for actions that violate both the spirit and the letter of Somalia’s constitution and international law.

Ahmed A. Yusuf
Email: aayuusuf44@gmail.com
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Footnotes

1. Somalia: Is President Mohamud selling off public land to tycoons? — The Africa Report, 28 Aug 2025.
2. How land dealers make a kill out of IDPs in Mogadishu?! — Somali Observatory for Humanitarian Affairs (SOOHA), 19 Nov 2019.
3. Provisional Constitution of the Federal Republic of Somalia (2012), Article 92.
4. Provisional Constitution of the Federal Republic of Somalia (2012), Article 91.
5. Community-driven consultations on housing, land and property needs among minority, marginalized, and displaced communities in Mogadishu — NRC, Feb 2025.
6. UN Convention Against Corruption (UNCAC), 2005.
7. Forced evictions in Somalia destroy $4.6 million in infrastructure, displacing 143,500 people — Hiiraan Online, 17 Dec 2024.
8. Country Policy and Information Note: Humanitarian Situation in Mogadishu, July 2025 — UK Government (GOV.UK).
9. Ibid.
10. Ibid.
11. Ibid.
12. Rome Statute of the International Criminal Court, 1998.